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Crespo v. Unemployment Appeals Comm'n

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Mar 21, 2012
84 So. 3d 1117 (Fla. Dist. Ct. App. 2012)

Opinion

No. 4D10–3930.

03-21-2012

Jesus CRESPO, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Doral Hospitality Inc., Appellees.

Jesus Crespo, Hialeah Gardens, pro se. Louis A. Gutierrez, Tallahassee, for appellee Unemployment Appeals Commission.


Jesus Crespo, Hialeah Gardens, pro se.

Louis A. Gutierrez, Tallahassee, for appellee Unemployment Appeals Commission.

ON MOTION FOR CLARIFICATION

PER CURIAM.

We grant the motion for clarification, withdraw our previous opinion and substitute the following in its place.

Appellant challenges the Florida Unemployment Appeals Commission's ("FUAC") order dismissing as untimely his appeal of the denial of unemployment benefits. We reverse on the authority of Blaser v. Unemployment Appeals Comm'n, 687 So.2d 337, 338 (Fla. 4th DCA 1997). As in Blaser, appellant failed to file a timely appeal from the denial of his benefits, but it is apparent from the record that he was attempting to show newly discovered evidence which would affect the result. Specifically, he had settled a claim of employment discrimination with his employer through a settlement agreement in which the employer agreed not to contest his entitlement to his current receipt of unemployment benefits. Thus, his appeal is more in the nature of a request for redetermination pursuant to section 443.151(3)(e) 1., Florida Statutes. As the employer agreed as part of the settlement not to contest his right to unemployment compensation, we vacate the order on appeal and remand this case to the FUAC for further remand to the Department of Economic Opportunity for consideration of the new information provided by appellant. That agency should hold a hearing to determine whether the appellant has a right to redetermination of the order denying his claim for benefits. See Ponce v. Fla. Unemployment Appeals Comm'n, 47 So.3d 929, 932 (Fla. 3d DCA 2010).

Reversed and remanded with instructions.

MAY, C.J., WARNER and GROSS, JJ., concur.


Summaries of

Crespo v. Unemployment Appeals Comm'n

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Mar 21, 2012
84 So. 3d 1117 (Fla. Dist. Ct. App. 2012)
Case details for

Crespo v. Unemployment Appeals Comm'n

Case Details

Full title:JESUS CRESPO, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and DORAL…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Mar 21, 2012

Citations

84 So. 3d 1117 (Fla. Dist. Ct. App. 2012)